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Encroachment of agricultural land during pendency of case in High Court
My father owned a agricultural property in Mandya. The Bajudaars (defendants) of our property were continuously interfering with our property. Therefore, my father had filed a case in Mandya asking for permanent injection order. In OS case, my father got the permanent injection order judgement, but in the RA case, the judgement was set aside in 2009. After this RA case, my father was bed ridden for 3 years and passed away in 2012. We (5 daughters) have filed a RSA in High Court in 2013, but due to 3 years of delay in filing the case, our RSA case is still pending admission in the High court. All the property documents are 100% genuine documents. We have grant certificates, Sale deeds, Mutation extracts, RTC, Khata in my father's name. (recently, transferred to my mother's name) Meanwhile, the defendants have encroached all our property and are cultivating sugarcane in our property for the last 10 years. We are still patiently waiting for our RSA case to get admitted in the High Court, whereas defendants have encroached all our land and enjoying our property. Kindly guide us, what action can be taken at this point of time? Will filing a encroachment case on disputed land will help? Please suggest. Thanks Poornima
Asked 4 years ago in Property Law
Religion: Hindu
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17 Answers
- Since during the proceeding of RA , your father was bed ridden and passed away , hence you are having a valid ground of admission of your RSA in the High Court, after moving an application for condonation of delay.
- For what you are waiting ? You should not wait for the date of hearing on admission , when they have encroached the property .
- You should firstly lodge your complaint with the local police and higher official , on the ground of pending suit before the High court .
- On refusal to take any legal actions against the defendants , you should move an application for urgent hearing before the high court on the ground of the said complaint given to police.
- On admission of the urgent hearing application argument , you should pray to the court for passing a restrained order against the defendants , And even on refusal to preponment the date, you can prayed for a stay order .
Good luck and dont forget to rating Positively.
You can direction of the court for dispossession of the said persons from your land. If there was status quo from court and if they have breached the order then you can go for contempt of court
Since RSA is pending for admission you need to move a memo and argue the case for Injunction restraining the Respondents to not to encroach. You need to act quickly or esle the matter will be dismissed for default. The delay of 3 years has to be given cogent reasons.
It`s been 10 years, so long wait in not appropriate. Neither it is sure that your appeal will admit. So better file FIR from criminal trespass. Also press the appeal.
12 years of hostile possession, encroacher acquires the title in property.
you ought to have filed case of criminal trespass under section 441 of IPC
2) 441. Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.
Dear Sir,
It is better to file a contempt case against them.
High Court and Supreme Court are bestowed with the power to punish for the contempt of the court. Under Section 12 of Contempt of Court Act, 1971, a contempt of court can be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
Dear Sir,
You have file a new case for declaration and recovery of encroached area.
The injunction suit judgment had been set aside by the appellate court, hence the defendants acquired the right to enjoy the property, which you people never bothered to take any action despite 10 years rolling over.
What prevented you to not to apply for stay of the appellate court order at the time of filing the RSA, no doubt the admission of RSA for the inordinate delay will take time, but why you people did not follow it up even after six years of filing the same.
If your advocate is not effective yo could have changed the advocate and could have got the case conducted through an effective new advocate.
You may give any application to the registrar of high court to take up the matter urgently since the defendants have fully encroached the land and are enjoying the same depriving your rights.
If necessary, you may change the advocate even at this stage for an effective result.
You should make an application for permanent injunction in the pending suit in high court.
Or you should file a separate suit for permanent injunction and removal of encroachment against the persons who have encroachment on your land.
1. At this stage you are still outside the appellate door of the High Court as your application for condonation of delay is still pending. Unless the application for condonation of delay is allowed the appeal will not be heard on merits.
2. Get your application for condonation of delay decided by the HC.
You can File Criminal Trespass Case against them and file declaratory suit.
Dear Sir/Madam, Thank you all for your great valuable advises. I am looking for an expert lawyer who is well versed in agricultural property issues. I am looking for an efficient advocate who can fight for JUSTICE and not just for the sake of money. Kindly suggest some good agricultural property lawyers in BANGALORE to SAVE MY "HIGH COURT CASE".
Asked 4 years ago
There are number of lawyers on this website from Bangalore having good ratings
contact any of them
A lawyer well versed with the property disputes shall be able to tackle your issue also.
There's no dearth for such lawyers in Bangalore.
You can get one from this forum too.
there are number of lawyers in this website from banglore having good ratings you can contact.
No advocate fight for justice without payment or until no big public cause involved. This is your personal dispute, hire some good lawyer.
And also file FIR. At least 12 years limitation to claim adverse possession will hold.
You can contact us through kaanoon